Re: Breaching a Temporary Contract
    Posted by: sped on 12/11/15
    () Comments

    On 12/06/15, Robert wrote:
    > I am thinking about giving Notice of Resignation to my
    district. I
    > understand Ed Code 44420. I am pretty sure the district
    can easily find a
    > replacement since it is one of the highest paying
    district in the county.
    > I feel I have "Just Cause." The school does not enforce
    it's Tardy or Late
    > Policies and rarely expels repeat offenders. I have
    several students who
    > have been suspended multiple times and referred by all
    their teachers
    > constantly. I am literally sick of teaching several of
    these classes where
    > these same students know there are no consequences to
    their terrible
    > behavior other than going home for a few days.
    > Question: as a temporary certificated teacher, how much
    notice should I
    > give?
    > Question: what constitutes "Just Cause"
    > Your input will be greatly appreciated.

    I feel confident that this will NOT be considered just
    cause to resign your contract. You disagree with their
    handling of a particular discipline matter. You don't like
    that students come in late. Well: Welcome to Education!
    If teachers were allowed to resign because they disagree
    with grading, attendance, or discipline procedures of
    schools, then every teacher in the country would be able to
    resign.

    Just Cause would fall in the range of someone being
    discriminated against because they fall in a protected
    class, facing an unsafe situation (an occasional school
    fight or mouthy students doesn't reach that level), or
    illegal harassment by administration. Harassment, from a
    legal standpoint, is not being treated like you're
    worthless or incompetent by the way, but falls in a very
    narrow definition to be considered illegal workplace
    harassment.

    You couldn't even claim "just cause" if they give you the
    worst room in the building with the worst kids while others
    get plush schedules. It's discrimination, but not illegal
    discrimination.

    My guess is that because you're a temporary or intern
    teacher, that this is your first year teaching? And...,
    you might not be cut out for teaching, in public schools at
    least, if something like this makes you ready to quit.

    That said, you have no right to unilaterally quit without
    the district having the option to suspend your license and
    record said license action against your credential record.
    Whether they will take said action is up to them. If you
    have a credential suspension on your record, it is highly
    unlikely that you will never work as a teacher again. You
    never know with the "teacher shortage" but you would be the
    bottom of the barrel looking at the bottom of the barrel
    districts. Your name would be mud, for all to see,
    forever.

    That said, you can ask them to release you from your
    contract. If they agree, they can't suspend your license.
    The difference is that you make it clear that you are
    willing to stay, but you want to leave if they'll let you.
    If you like, you can be as blunt as you like, telling them
    you think they're incompetent in the way they run you're
    school. You're not getting a reference anyway...


    Posts on this thread, including this one

  • Breaching a Temporary Contract, 12/06/15, by Robert.
  • Re: Breaching a Temporary Contract, 12/11/15, by sped.